Termination for repeat absences not mitigated

The grievor had attendance problems. The company accomodated his absences when he phoned in, but he had failed to inform his supervisor on four occasions over 12 months. The arbitrator found insufficient evidence for his claim that he was suffering from a mental health problem.

By Mark Rogers

01/28/2013|Canadian Labour Reporter|Last Updated: 02/05/2013

A warehouse worker was fired for misconduct following four unscheduled and unexplained absences over a 12-month period.

J.H. worked as an order assembler at a produce and perishables warehouse operated by a retail grocery chain.

J.H. had nearly six years’ service when he was fired on June 29, 2009. J.H. was regarded as a capable and diligent worker; however, his disciplinary record showed repeated violations of the company’s Attendance Policy.